OUR EXPERTISE

Native Vegetation

The presence of native vegetation significantly impacts land development and necessitates careful consideration in land use and management. We provide comprehensive legal guidance for projects requiring native vegetation clearing, including approval pathways, vegetation offset strategies, and specialized approaches for greenfield developments. Our expertise extends to defending against criminal prosecutions for unauthorized clearing, and addressing complex situations involving reserved land, vegetation conservation notices, and conservation covenants.

How we can support

  • Advising on approval pathways and legal risk for projects requiring removal of native vegetation, including detailed guidance on offset requirements.

  • Preparing and negotiating conservation covenants.

  • Representing clients in enforcement and compliance actions relating to native vegetation clearing, including prosecution proceedings and vegetation conservation notices. 

  • Advising on the reservation of land based on environmental qualities and representing clients in compensation claims arising from such reservations 

Recent Experience

  • Advice on the approvals required and recommended pathway with respect to greenfield residential and commercial development on land containing significant native vegetation.  

  • Acted for a major developer in respect of the environmental impact assessments of a subdivision of land containing native vegetation and preparing and negotiating a conservation covenant.

  • Advice to ​State government department on the meaning of an approval granted by the Commonwealth Department of the Environment under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) for a proposed ‘action’ involving the clearing of native vegetation for a school and residential development.

  • Represented numerous landowners in proceedings in the Magistrates Court in response to allegations of unlawful clearing.

  • Represented a landowner in the appeal of a grant of a clearing permit.

  • Represented a landowner in injurious affection proceedings due to the impact of a Bush Forever reservation.

  • Acted in numerous appeals in relation to the ​ requirements of Vegetation Conservation Notices issued under the Environmental Protection Act 1986 (WA), including liaising with the Office of the Appeals Convenor regarding a negotiated outcome.